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Vehicle Code § 16028(a)
What counts as a violation of Vehicle Code § 16028(a)?
Vehicle Code § 16028(a) requires all drivers to provide proof of car insurance for the vehicle that he or she is driving when that vehicle is pulled over by an officer or when the driver has been involved in a traffic accident. Under Vehicle Code § 16028, a driver may use a cell phone to provide proof of car insurance
Importantly, a police officer cannot stop a vehicle for the sole purpose of determining whether the vehicle is properly insured
What is the punishment for a violation of Vehicle Code § 16028(a)?
Vehicle Code § 16029 states that a first time violation of Vehicle Code § 16028 is an infraction punishable by a fine of up to $200, plus penalty assessments
A subsequent conviction under Vehicle Code § 16028, occurring within three years of a prior conviction under Vehicle Code § 16028, is punishable by a fine of $200 to $500, plus penalty assessments
Penalties can soar as high as $900 when penalty assessments are added to the mandatory fine for a violation of Vehicle Code § 16028. Additionally, the court may order the vehicle to be impounded if the driver is unable to provide proof of car insurance
What defenses are available to Vehicle Code § 16028(a)?
- If you were properly insured at the time, you may be able to reduce your penalty
- You were unlawfully stopped for the sole purpose of determining if you were properly insured
- You have proof of out-of-state insurance and you do not reside full-time in California
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